The Supreme Court denied cert in two petitions captioned Cook v. Avi Casino Enterprises (Nos. 08-929, 08-930). It’s on page 4 of this order list.
This is good news for Indian Country (and for my student writing a paper on this subject — you reading this, J.?). There is a split of authority on the question of whether tribal business enterprises are immune from suit in a state law dram shop action, as we have discussed before. But I’m guessing the Court thinks it’s either unimportant or too much a state law question, since each state has its own version of dram shop laws and applies its own understanding of tribal sovereign immunity. But who knows….